01Facts
The petitioner, sister of convict prisoner Sankaranarayanan, sought a further 60-day extension of his furlough so that he could support their 90-year-old mother, who required medical aid.
pp. 2–4After an earlier petition resulted in a direction to consider a similar representation, the petitioner submitted a further representation dated 26 August 2026, which remained undecided.
pp. 2–4The State submitted that the representation had been forwarded to the Government, the competent authority, and was under consideration.
pp. 2–4The petition was brought under Article 226 seeking a direction to consider the representation and extend the furlough.
p. 202Issues
i.Whether the Government should be directed to consider and decide the petitioner’s representation seeking a further furlough extension within a specified period.
pp. 2, 4–5ii.Whether the authorities’ reliance on delayed receipt of the earlier court order justified the delay in processing the representation.
pp. 3–503Law Applied
In exercising its jurisdiction under Article 226, the Court applied the principle that representations seeking relief on behalf of convict prisoners must be considered within a reasonable time and without undue delay.
p. 4It further held that an order available in the online court system may be acted upon by the authorities; delayed receipt of a physical copy does not, in the circumstances of this case, justify inaction.
pp. 4–504Reasoning
The Court noted that the earlier order had been despatched on 3 September 2026 and was available online, notwithstanding the State’s submission that it was received on 21 September 2026.
pp. 3–5Given the nature of the relief sought, the authorities could have obtained the order online and proceeded with the representation.
pp. 3–5As the Government was the competent authority and the representation remained under consideration, the Court directed it to decide the matter on its merits and in accordance with law, rather than itself ordering a furlough extension.
pp. 3–505Holding
The Court directed the first respondent, the State Government, to consider the petitioner’s representation dated 26 August 2026 and pass appropriate orders on the merits and in accordance with law within two weeks.
p. 5The Government was also directed to report compliance, and the matter was posted for 11 November 2026 for that purpose.
p. 5The Court did not itself grant the requested 60-day extension.
p. 5Original Court PDF
PakiyalakshmivsThe State of Tamilnadu, Rep.
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